Idaho Falls bans Flock from training its AI on local plate data after a resident's tort claim
Idaho Falls City Council voted unanimously on 31 July 2026 to amend its Flock Safety contract, stripping out the clause that let the company use plate images captured in the city to train and improve its machine-learning models. The change followed a months-long campaign by resident Brian McKellar, an organiser with DeFlock Idaho, who told the council on 9 July to cover or switch off the cameras by 29 July or face legal action, then filed a tort claim under the Idaho Tort Claims Act when the deadline passed. The claim seeks $100,000 and argues the contract breaches Idaho Code § 49-1432, which restricts automated licence plate reader data to law-enforcement purposes. McKellar has been explicit that the money is not the point: he told EastIdahoNews "I don't want the money. I don't. I want these cameras taken down." On that measure this is not a win. The cameras remain in operation and the council did not credit him or DeFlock when it voted. What changed is the terms: the data stays local, interagency sharing is now bounded by the statute, and the audit cycle went from twice a year to twice a month.
From the reporting
- The amendment bars Flock from using Idaho Falls footage to train or improve machine-learning and AI models. Non-footage data may still be used for hardware fixes, such as identifying broken cameras.
- Data sharing with other agencies is now limited to law-enforcement purposes authorised by Idaho Code § 49-1432, and out-of-state agencies must sign agreements confirming they will comply with Idaho law.
- Internal audits of camera use moved from twice-yearly to twice-monthly.
- Police Chief Bryce Johnson, on why the city gave up the training clause: "Idaho Falls is a very small player in this big country, and they don't need our data."
- McKellar filed his tort claim on 29 July 2026, the deadline he had set for the council on 9 July. He also offered a claim template to other residents.
- On 20 July the city denied McKellar's public records request for the police department's Flock contracts, arguing it "appears to be a discovery request related to potential litigation" and citing Idaho Code § 74-115(3). McKellar responded that he had filed a tort claim but had not begun a lawsuit.
- Idaho Falls is not isolated. Attorney Tyler Cain served notices of tort claims on Caldwell and Wilder over the same statutory argument, and Twin Falls has faced a claim on the same grounds.
- Two Flock cameras near a Lowe's in the area were knocked down. McKellar is not connected to that and DeFlock Idaho does not endorse it: asked about the cameras, he said "We don't condone that. We don't want to do that." Noted here only because the two stories ran side by side in local coverage, and the distinction is the whole point.
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